Format of Hearings. Each of the Petitioner and the Respondent shall submit a brief, outlining such party's claim for relief or defense to any claim, to the other and to the Arbitrators on or before the tenth (10th) day following the date of the last hearing. Reply briefs must be exchanged and submitted to the Arbitrators on or before the twentieth (20th) day following the date of the last hearing. The final decision of the Arbitrators is due on or before the thirtieth (30th) day following the date of the last hearing. The Arbitrators shall choose the form of final decision that, in their judgment, is most consistent with the terms of this Agreement and the intent of the Members, as supported by evidence presented by the Petitioner and Respondent in the arbitration proceeding or, if the subject matter of the dispute is not clearly addressed in or determinable under this Agreement, that, in their opinion, would be most fair to the Petitioner and Respondent under the arbitration. The Arbitrators shall not be required to provide reasons for their decision.
Format of Hearings. Each party will receive disclosure of all of the information that the insurance carrier reviewed in making its determination to deny the insured benefit. This disclosure will take place at least twenty-eight (28) days prior to the hearing. Both parties, through their representatives, will provide full disclosure of the supporting documentation upon which they intend to rely. This disclosure will take place at least fourteen (14) days in advance of the hearing. In the event that further medical documentation is prepared or submitted to the insurance carrier for reconsideration, that documentation will be included in the record that is presented to the Arbitrator. The parties, through their representatives, will disclose such documentation at least fourteen (14) days in advance of the hearing. The Employer and PEGO will jointly present a statement of agreed facts (to the extent possible) for the hearing before the Arbitrator. PEGO will present its position on the dispute with supporting arguments before the Arbitrator. The Employer will present its position on the dispute with supporting arguments and will respond to PEGO’s position. PEGO will have the right of reply. Presentation by both parties will be based on: • the information / record on file before the insurance carrier up to the time of the final determination by the insurance carrier; • any additional documentation prepared or submitted subsequent to the entitlement decision by the insurance carrier (provided it has been submitted to the insurance carrier for reconsideration); • the employee statement (as set out below), if any; and • the Employer’s response, if any, to the claimant’s statement. The hearing will be limited to submissions made by each party and will not include witness testimony or viva voce (live) evidence, except as specifically requested by the Arbitrator. The individual claimant will be permitted to file a written statement in lieu of testifying. The written statement must be provided to the Arbitrator and to the Employer at least fourteen (14) days before the commencement of the hearing. The Employer has the right to introduce a written response to this statement which must be provided to the Arbitrator and to PEGO at least seven (7) days before the commencement of the hearing. The claimant may attend the hearings and, if so, shall be allowed leave of absence with no loss of pay and with no loss of benefits or credits.
Format of Hearings. Each of the Petitioner and the Respondent shall submit a brief, outlining such party's claim for relief or defense to any claim, to the other and to the Arbitrators on or before the tenth (10th) day following the date of the last hearing. Reply briefs must be exchanged and submitted to the Arbitrators on or before the twentieth (20th) day following the date of the last hearing. The final decision of the Arbitrators is due on or before the thirtieth (30th) day following the date of the last hearing. The Arbitrators shall choose the form of final decision that, in their judgment, is most consistent with the terms of this Agreement and the intent of the Stockholders, as supported by evidence presented by the Petitioner and Respondent in the arbitration proceeding or, if the subject matter of the dispute is not clearly addressed in or determinable under this Agreement, that, in their opinion, would
Format of Hearings. Each party will receive disclosure of all of the information that the insurance carrier reviewed in making its determination to deny the insured benefit. This disclosure will take place at least twenty-eight (28) days prior to the hearing.
Format of Hearings. Each party will receive disclosure of all of the information that the insurance carrier reviewed in making its determination to deny the insured benefit. This disclosure will take place at least twenty-eight (28) days prior to the hearing. Both parties, through their representatives, will provide full disclosure of the supporting documentation upon which they intend to rely. This disclosure will take place at least fourteen (14) days in advance of the hearing. In the event that further medical documentation is prepared or submitted to the insurance carrier for reconsideration, that documentation will be included in the record that is presented to the Arbitrator. The parties, through their representatives, will disclose such documentation at least fourteen (14) days in advance of the hearing. The Employer and will jointly present a statement of agreed facts (to the extent possible) for the hearing before the Arbitrator. will present its position on the dispute with supporting arguments before the Arbitrator. The Employer will present its position on the dispute with supporting arguments and will respond to position. will have the right of reply. Presentation by both parties will be based on: the information record on file before the insurance carrier up to the time of the final determination by the insurance carrier; any additional documentation prepared or submitted subsequent to the entitlement decision by the insurance carrier (provided it has been submitted to the insurance carrier for reconsideration); the employee statement (as set out below), if any; and the Employer's response, if any, to the claimant's statement. The hearing will be limited to submissions made by each party and will not include witness testimony or viva voce (live) evidence, except as specifically requested by the Arbitrator.
